How to Set Aside a Default Judgment with the Claimant’s Consent

Set Aside Default Judgment by Consent

If you’ve discovered a CCJ (County Court Judgment) on your credit file, it’s probably a default judgment. That means it was issued because the court didn’t receive a response to a claim against you. If the reason you didn’t respond is that you didn’t know about it, you’ll probably want to have the default judgment set aside as quickly as possible. In this article, you’ll learn how to improve your prospects of successfully removing the default judgment by obtaining the claimant’s consent.

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What is a default judgment?

A default judgment is a type of CCJ issued when a defendant fails to respond to a claim. It can greatly impact your credit score and may mean you can’t get a mortgage or rent a property.

It’s different to other types of CCJ because it’s an administrative act of the court, rather than a decision made by a judge. That means you can apply to the court for an order setting aside the default judgment if there are good grounds. Setting aside the default judgment means the CCJ is cancelled and removed from your credit history. You will then have a fresh opportunity to defend the claim if you want to.

The procedure for applying to set aside a default judgment takes several months and can be stressful. There’s no guarantee that the court will set aside the default judgment, particularly if the claimant disputes your application. However, the process is usually quicker and more likely to succeed if the claimant agrees that the CCJ should be set aside.

Can a default judgment be set aside if the claimant consents?

Consent from the claimant is likely to result in the default judgment being set aside, but it’s not guaranteed. The court still has to be satisfied that there are legal grounds for setting aside the CCJ, such as:

  • The default judgment was entered in error (e.g., the claim form was sent to the wrong address).
  • You have a real prospect of successfully defending the claim.
  • There’s a good reason for your failure to respond (e.g., illness or being out of the country).

In our experience, judges are generally happy to endorse an agreement between the parties to litigation. Occasionally, they ask for more information before deciding, but this is usually to ensure there are good reasons for removing the judgment.

Why would a claimant consent to a default judgment being set aside?

Usually, the claimant only wants their money as quickly as possible. They don’t want to ruin your credit record or stop you from obtaining a mortgage. They just want to be paid, preferably without having to take enforcement action. So, you may be able to strike a deal. You pay them the money, and they agree to have the judgment set aside. This approach is likely to be appropriate if you admit the amount claimed.

If you’ve already paid the judgment amount, there is less incentive for the claimant to cooperate with you. However, the claimant will often consent anyway as a gesture of goodwill.

What if you dispute the claim?

If you believe you don’t owe the money claimed, you may not feel it’s fair to pay it just to clear your credit record. As a matter of principle, you may object to paying a sum you don’t owe. However, if it’s a small amount, such as a parking charge, it may be better to pay the CCJ, even if you don’t admit it. Consider whether withholding payment is worth the ongoing impact of having the CCJ on your credit file.

In some cases, you may be able to persuade the claimant to agree to default judgment being set aside on the basis that their claim goes to trial, to be decided by a judge. This may work if it seems very likely that the judge will grant your application to set the judgment aside. The claimant may feel that it’s not worth incurring the legal costs involved in turning up at court and resisting it.

How do you notify the court of the claimant’s agreement that the default judgment be set aside?

Once you and the claimant have reached an agreement, you will need a consent order. This formal document sets out the agreed terms on which the dispute is settled.

Usually, it states that:

  • the parties have reached an agreement
  • the default judgment is to be set aside
  • the original claim is withdrawn

Often, the claimant will have lawyers who can draft the consent order. Once it is signed, you can send it to the court with the appropriate fee. The fee for applying to the court with the consent of the Claimant is currently £119, although you should check the government website for any changes to this amount. If you agree to a consent order after you start the application process, the consent fee will be payable in addition to the application fee.

Unless both sides are legally represented, the consent order will need to be approved by a judge, who may still want to meet with the parties to make sure they properly understand the effect of the agreement. Once properly approved, the default judgment will be set aside. The court should immediately update the Registry Trust, which will update the public register to remove the CCJ from your credit file.

When is the best time to agree to the consent order?

The sooner you can obtain the claimant’s consent, the better. If you can persuade the claimant to sign the consent order without having to start the application process, the process will be much quicker and cheaper.

However, be careful not to wait too long. If the claimant doesn’t consent or simply ignores you, you will have to apply to the court for the default judgment to be set aside. One of the factors a court will consider is whether you have made the application promptly.

Often, the claimant won’t consent to the judgment being set aside until you’ve issued a proper application. When the application arrives on their desk, it focuses their minds, and they decide to settle the matter quickly rather than deal with the court.

What if consent can’t be obtained?

Sometimes, the claimant simply ignores the application completely. They don’t consent but they don’t object either. Unfortunately, this means that you will probably need to attend a court hearing, even if it’s likely to be over very quickly.

Conclusion

Setting aside a county court default judgment can be an uncertain process. Consent from the claimant can simplify the process, but ultimately, the court’s discretion will determine the outcome. By acting promptly, you stand a better chance of obtaining the Claimant’s consent and getting the CCJ removed once and for all.

To find out more about removing a default judgment, have a look at our FAQ page: How to Remove a CCJ: All Your Questions Answered.

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Andrew Crisp is the Principal Solicitor at Mason Bullock Solicitors, where he specialises in employment law and dispute resolution. With over two decades of legal experience, Andrew has built a reputation for his expertise in advising employees on settlement agreements and helping clients navigate complex litigation processes, including the removal of County Court Judgments (CCJs).